Published by the Indiana Judicial Center
Instructions “prescribed sequential error.”
When the plea bargain called for dismissal of a felon in possession of a handgun charge, “it was an abuse of discretion for the trial court to consider the fact that Sexton shot his victim using a handgun it was illegal for a person with five felony convictions to possess.”
State cannot appeal the denial of a motion to correct error, so that here motion to correct aimed at successful motion to suppress could not be appealed and appeal of suppression motion itself was untimely.
Officer lacked reasonable suspicion for a Terry stop merely because individual stopped was in a drug “hot-zone.”
When suspect charged the officer, it did not amount to the forcibly resisting, obstructing, or interfering with law enforcement required for a resisting law enforcement conviction.
Jane Seigel, Executive Director
Michael J. McMahon, Director of Research
Amanda Wishin, Staff Attorney
30 South Meridian Street, Suite 900
Indianapolis, Indiana 46204
Case Clips are selected decisions of the Indiana appellate courts abstracted for judges by the Indiana Judicial Center. The full text of Indiana opinions may be retrieved from the Indiana Judicial System website at courts.IN.gov/opinions.
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